South Dakota Codified Laws
Chapter 26 - Offenses Against The Elective Franchise
Section 12-26-15 - Bribery of voter as misdemeanor--Acts constituting bribery.

12-26-15. Bribery of voter as misdemeanor--Acts constituting bribery.
It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person:
(1)To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to induce the voter to vote or refrain from voting at any election or to induce any voter to vote or refrain from voting at any election for any particular person or to induce the voter to go to the polls or remain away from the polls at any election, or on account of the voter having voted, refrained from voting or having voted or refrained from voting for any particular person, or having gone to the polls or remained away from the polls at any election;
(2)To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to induce the voter to vote or refrain from voting at any election for any particular person;
(3)To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to induce the person to procure or endeavor to procure the election of any person, or the vote of any voter at any election;
(4)To procure or engage, promise, or endeavor to procure, in consequence of any gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at any election;
(5)To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same or any part thereof shall be used in bribery at any election, or to knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;
(6)To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition;
(7)To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition; or
(8)To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition.

Source: SL 1891, ch 58, §1; RPenC 1903, §56; RC 1919, §3648; SDC 1939, §13.0920; SL 1982, ch 86, §121; SL 2013, ch 63, §4.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 12 - Elections

Chapter 26 - Offenses Against The Elective Franchise

Section 12-26-1 - Elections to which chapter applies.

Section 12-26-3 - False representation to procure registration or acceptance of vote as misdemeanor--Failure to deny false statement as misrepresentation.

Section 12-26-4 - Voting or offer to vote by unqualified person as misdemeanor.

Section 12-26-7 - Impersonation of registered voter as felony.

Section 12-26-8 - Voting more than once at any election as felony.

Section 12-26-9 - Good faith defense to prosecution for illegal voting.

Section 12-26-10 - Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting.

Section 12-26-11 - Disturbance of public meeting of voters as misdemeanor.

Section 12-26-12 - Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction of voter on way to polls.

Section 12-26-13 - Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter.

Section 12-26-14 - Use of public relief, loans, or grants to influence political activity or vote as misdemeanor.

Section 12-26-15 - Bribery of voter as misdemeanor--Acts constituting bribery.

Section 12-26-16 - Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.

Section 12-26-17 - Bribery or acceptance of bribe as infamous crime--Forfeiture of office.

Section 12-26-19 - Betting with intent to procure challenge as misdemeanor.

Section 12-26-21 - Disobedience of precinct superintendent or precinct deputy as misdemeanor.

Section 12-26-22 - Disturbance of election proceedings as misdemeanor.

Section 12-26-23 - Tampering with ballots, ballot box, or poll list as felony.

Section 12-26-23.1 - Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony.

Section 12-26-24 - Exclusion by precinct superintendent or precinct deputy of lawful vote as misdemeanor.

Section 12-26-25 - False count or return by election official as misdemeanor--Defacement or concealment of statement or certificate.

Section 12-26-27 - Bribery of election official as misdemeanor.

Section 12-26-28 - Offenses relating to election on submitted question.

Section 12-26-29 - Prevention of unlawful election not prohibited.

Section 12-26-30 - Irregularities in proceedings not a defense.

Section 12-26-31 - Offender as witness against another--Compelling testimony--Immunity from prosecution.